Intellectual Property Mediator

Intellectual Property Mediation Services

Resolve Intellectual Property Disputes Efficiently and Cost-Effectively

Mediation and other forms of dispute resolution can provide a faster, more cost-effective way to resolve intellectual property (IP) disputes while reducing the costs and risks of litigation. At Klemchuk PLLC, our mediation services are focused on helping parties resolve patent disputes, trademark disputes, copyright disputes, trade secret disputes, and other forms of intellectual property conflicts. Often times, a mediation can not only avoid the cost and risk of litigation, but also preserve business relationships and minimize intrusions into confidential information. With deep experience, not only in intellectual property law, but also technology and business issues, our IP mediators are effective at streamlining negotiations and moving parties toward resolution quickly. This efficiency allows businesses to minimize disruption, reduce costs, and refocus energy on growth and innovation rather than prolonged legal battles.”

Why Choose IP Mediation?

Mediation allows parties to resolve IP disputes in a private and less adversarial setting compared to courtroom battles. Benefits include:

  • Speed: Many disputes settle in weeks or months instead of years.

  • Cost Savings: Lower legal fees compared to full-scale litigation.

  • Confidentiality: Sensitive information like trade secrets remains private.

  • Control: Parties shape their own resolution instead of leaving it to a judge or jury.

  • Preserved Relationships: Mediation fosters collaboration, which can be critical for licensing, joint ventures, or ongoing business partnerships.

Our Approach to Intellectual Property Mediation

At Klemchuk PLLC, we combine deep IP experience with practical mediation strategies. Our attorneys have handled patent, trademark, copyright, and trade secret disputes for decades, giving us unique insights into both the legal and business aspects of intellectual property.

Our process includes:

  1. Case Assessment – Understanding the dispute, key issues, and client goals.

  2. Preparation – Developing negotiation strategies and identifying resolution options.

  3. Mediation Sessions – Facilitating constructive dialogue between parties.

  4. Resolution – Persisting in the mediation process until the dispute is resolved.

Types of IP Disputes We Mediate

We provide intellectual property dispute resolution across a wide range of conflicts, including:

  • Patent disputes (infringement, licensing, ownership)

  • Trademark disputes (brand confusion, infringement, dilution)

  • Copyright disputes (creative works, software, licensing conflicts)

  • Domain name disputes (ownership, cybersquatting, and trademark infringement/unfair competition)

  • Trade secret disputes (misappropriation, NDAs, employee mobility)

  • Licensing disputes (breach of license agreement, infringement, damages)

  • Technology and licensing agreements (royalties, contract performance)

  • IP ownership disputes (assignments, employees, work made for hire, breach of fiduciary duty, IP theft)

Whether your conflict involves cutting-edge technology, brand protection, or creative content, our team can help you navigate the mediation process.

Why Work With Klemchuk PLLC

  • Trusted IP authority: Recognized as a leader in intellectual property law.

  • Mediation experience: Skilled negotiators who understand both legal and business concerns.

  • Proven results: Track record of resolving complex IP disputes outside of court.

  • Local and national presence: Based in Dallas, serving clients across the U.S.

Mediate with an Experienced Intellectual Property Trial Lawyer

Intellectual Property Litigation Experience

Since starting his practice in 1997, Darin M. Klemchuk has handled over 1,000 intellectual property disputes (patent infringement, trademark infringement, unfair competition, copyright infringement, trade secret misappropriation, and other IP issues) involving litigation, IP enforcement actions, and anti-counterfeiting programs.  This experience has extended to a wide range of industries and includes a number of trials and arbitrations as well as obtaining and defending against injunctions in state and federal courts, primarily in the NDTX, EDTX, WDTX, and SDTX. 

Klemchuk’s honors include:

  • “Super Lawyer,” 2008-2025, a Thomson Reuters service

  • “Best Lawyers- Intellectual Property,” named by D Magazine, 2006-2024

  • Hall of Fame “Best Lawyers” inaugural list, named by D Magazine, 2022

  • The Best Lawyers in America® for Litigation - Intellectual Property and Litigation – Patent, 2020-2025

  • “2013 Top Rated Lawyer in Intellectual Property Law”, 2013, American Lawyer Media

  • “Best Lawyers Under 40,” named by D Magazine 2002, 2006

  • “Rising Stars Under 40,” 2004, 2005, 2006, 2008, a Thomson Reuters service

  • “Top Attorneys in Texas,” 2008, 2009, a Thomson Reuters service

Mediating Intellectual Property Disputes

Klemchuk’s skills and experience provide four unique benefits to parties wishing to resolve a dispute and avoid the expense of litigation. First, unlike many other mediators, he exclusively mediates intellectual property disputes. This allows the parties to benefit from over decades of IP litigation and trial experience.  Second, his litigation practice has been evenly balanced between IP enforcement and defense work, which demonstrates he does not have a bias towards plaintiff’s or defense work. Third, he has founded three multi-million-dollar businesses as an entrepreneur.  His success has largely been based on exemplary problem-solving skills, the ability to empathize with others, and collaboration toward a common goal — all of which he brings as a mediator to help the parties resolve their dispute.  Fourth, he has a professional coaching certification through Unbeatable Mind that has provided significant training on the inner game of conflict resolution.

Read our blog post, Importance of Negotiation for background on our approach to negotiating resolution in mediation.

Mediation Fee

Our fees are per day assuming two parties

In most cases, our mediation fee is $7,000 in total, split equalling between the parties. Where cases present complex issues, have more than two parties, or require additional attention (such as weekend mediation, mediation requiring travel, or after-hours mediations), the fee may be adjusted upward.

Mediations typically begin at 9:30 am and continue until 5:30 pm. Lunch is provided at no additional charge. The mediation fee includes preliminary analysis of the dispute and the confidential mediation statements provided by each side as well as potential pre-mediation calls with counsel. Some mediations may extend beyond the 8-hour time allotted for the mediation. If a mediation extends beyond the allotted time, the additional hours will be paid at $695/hour split equally by the parties.

Mediation fees will be split equally by each party. If there are more than two parties or a third room is required, an additional fee will be charged.

A full-day mediation fee includes a 2 hour “wrap up” session that may be scheduled within 90 days of the mediation. This additional session is not provided for half-day mediations.

Half-Day Mediation Fee

While we do not believe that half-day mediations are typically effective, if requested, we will provide half-day mediations consisting of 4 hours, starting either at 9:30 am to 1:30 pm or 1:30 pm to 5:30 pm. The fee for a half-day mediation is typically $4,000 (representing 60% of the equivalent full-day fee).

Deadline for Mediation Fee Payment

The mediation fee is due from each party 7 days before the scheduled date of mediation. Failure to pay the mediation fee in advance of the mediation will result in cancellation.

Location for Mediation

In most circumstances, most mediations will be hosted at Engage Workspace for Lawyers, located at 8150 N. Central Expressway, 10th Floor, Dallas, Texas, 75206. However, we will consider traveling to the parties to conduct the mediation, which will incur additional fees related to travel expense.  We will also consider performing mediations on weekends.

Mediation Statements

Counsel for each party should submit a confidential mediation statement 3 business days before the mediation is scheduled. The statement should identify the strengths, weaknesses, previous roadblocks to settlement, and desired outcome for the party. In some circumstances, we will schedule pre-mediation calls to better understand the parties’ positions to facilitate settlement discussions quicker.

Cancellation or Rescheduling Policy

A cancellation or rescheduling fee will be charged equal to one half of the mediation fee if a mediation is canceled within 3 days or less before the scheduled mediation.  In the sole discretion of the mediator, the cancelation fee may be waived under such circumstances as a weather event, sickness, or some other unforeseen event.  In certain circumstances where we are able to reschedule the mediation within a reasonable time, the mediator may waive the cancellation fee.

Book a Mediation

 

Intellectual Property Mediation FAQs

  • All mediations will take place at Engage Workspace for Lawyers located at 8150 N. Central Expressway, 10th Floor, Dallas, TX, 75206.

  • Full-day and half-day (morning sessions) both begin at 9:30 am. Half-day mediations (afternoon) sessions begin at 1:30 pm.

  • Full-day mediations are 8 hours; half-day mediations are 4 hours. Additional fees will be charged if the mediation exceed the allotted hours.

  • The building, called The Gild, has plentiful open air parking. If you need further directions, click here.

  • Yes, we will not start a mediation without the fee being paid and the Agreement to Mediate signed by all parties and counsel.

  • Where the parties have paid for a full-day mediation, a two-hour “wrap up” session is included in the standard fee as long as it is scheduled within 90 days of the initial mediation. This additional session is not included with half-day mediations.

  • While we do not find that remote mediations are as effective as in-person, we can conduct a Zoom mediation if both parties agree.

  • For an additional fee, we will consider a weekend mediation.

  • Yes, as schedule allows and for an appropriate additional fee, we will travel for mediation.

  • There are many hotels in the area, but we recommend the Double Tree hotel that is located adjacent to our building.

  • Yes, we require that a 1-2 page confidential mediation statement outlining the strengths, weaknesses, previous roadblocks to settlement, and the desired outcome be presented at least 24 hours before the mediation.

Still have questions?

Experience, Recognitions, and Qualifications

Darin M. Klemchuk, IP Mediator

  • Klemchuk PLLC, Founder, 2009-present

    Cash Klemchuk Powers Taylor LLP, Partner, 2004-2009

    Thompson & Knight LLP, Senior Associate, 1997-2004

    The Boeing Company, Systems Engineer, 1990-1994

    U.S. Army National Guard, Non-Commissioned Officer (E5), 161st Infantry Regiment, Honorable Discharge, 1999

  • The Best Lawyers in America® for Litigation - Intellectual Property and Litigation – Patent, 2020-2025

    “2013 Top Rated Lawyer in Intellectual Property Law”, 2013, American Lawyer Media

    Dallas Business Journals’ “Best Places to Work,” Dallas Business Journal, 2010, 2011

    “Best Lawyers- Intellectual Property,” named by D Magazine, 2006-2024

    Hall of Fame “Best Lawyers” inaugural list, named by D Magazine, 2022

    “Best Lawyers Under 40,” named by D Magazine 2002, 2006

    “Rising Stars Under 40,” 2004, 2005, 2006, 2008, a Thomson Reuters service

    “Super Lawyer,” 2008-2025, a Thomson Reuters service

    “Top Attorneys in Texas,” 2008, 2009, a Thomson Reuters service

  • Master, Honorable Barbara M.G. Lynn American Inn of Court (Intellectual Property), 2012-present

    Business Executives for National Security (BENS), member, 2018-present

    ProVisors (Dallas 2), 2024-present

    Internet Law Leadership Summit, 2011-present

    Institute for Justice, Human Action Network member

    Managing Partner Forum, 2014, 2022, 2023, 2025

    Managing Partner Forum, Leadership Academy, 2015

    Vistage, Member, 2014-2020

    Entrepreneur’s Organization (EO), Member, 2012-2015

  • Fifth Circuit Court of Appeals, 2002

    United States Patent and Trademark Office, 2001

    U.S. District Court, Southern District of Texas, 1999

    U.S. District Court, Eastern District of Texas, 1999

    U.S. District Court, Western District of Texas, 1998

    U.S. District Court, Northern District of Texas, 1997

    State of Texas, 1997

  • Mediation Dynamics 40-hour Basic Mediation Training

    Wake Up Warrior Launch Program, December 2023

    Unbeatable Mind Certified Coach, October 2021

    Unbeatable Mind Basic Leadership Academy, June 2017

  • Intellectual Property Litigation & Business Litigation

    I have handled more than 500 intellectual property disputes, including over 80 patent infringement cases and hundreds of IP enforcement actions. I also have significant experience litigating commercial and business disputes, including non-compete, partnership, fiduciary duty, and breach of contract disputes. I have also represented a number of clients in obtaining and resisting requests for injunctive relief in cases involving non-competes, trade secrets, trademarks, and patents.

    Serving as Texas local counsel to out-of-state parties involved in patent, trademark, copyright, IP, and commercial litigation in state and federal courts in Dallas, Texas and in the Northern, Eastern, Western, and Southern District of Texas federal courts, my practice includes representing both plaintiffs and defendants as Texas local counsel.  For more information on Texas patent litigation, see my post Texas Patent Litigation Resources.

    Anti-Counterfeiting and Intellectual Property Portfolio Enforcement

    In addition to IP litigation, my practice is also focused on anti-counterfeiting programs and IP portfolio enforcement. We have developed software-driven anti-counterfeiting/IP enforcement programs that have handled hundreds of enforcement actions for clients ranging from luxury brands and consumer products manufacturers to online service providers and software publishers. For more information about anti-counterfeiting programs see my post 8 Steps to Structure Effective and Efficient IP Enforcement Programs. 

     Intellectual Property Strategy and General Legal Counseling

    My practice also includes assisting companies to increase their market share and protect their competitive advantage by identifying and protecting valuable branding, technological innovation, software, and other property, and by procuring trademark, copyright, and patent rights. I also advise clients on licensing, acquisitions, due diligence, and internet law and eCommerce, including branding in cyberspace and social media and trademark issues related to the Internet and online brand protection.

    I represent Fortune 500® corporations, growing companies that benefit from broad intellectual property counseling, and startup companies with disruptive technologies.

    I also offer to serve as Virtual General Counsel and Virtual IP Counsel for companies without in-house counsel.

    Managing Partner

    One of my chief passions is to revolutionize the way legal services are delivered through thought leadership on changing how law firms are structured and legal services are priced to provide a different kind of experience for both clients and professionals in the legal industry. For our thoughts on law firm culture, including topics such as corporate core values, workplace productivity, entrepreneurial management, positive work environment, positive workplace, and conscious capitalism, see our Ideate blog.

    In my spare time, I “invest and advise” in small businesses.

    I earned a J.D. from Vanderbilt University School of Law and a Bachelor of Science degree in Mechanical Engineering from the University of Washington

Additional Legal FAQs for IP Mediations

  • Intellectual property mediation is a confidential, cost-effective method of resolving disputes involving patents, trademarks, copyrights, and trade secrets. A neutral mediator facilitates discussions to help the parties reach a mutually agreeable solution without going to court.

  • Mediation works well for disputes involving patent licensing, trademark infringement, copyright ownership, trade secrets, technology transfer agreements, and software development contracts. Often, mediation is most effective after the issues have been determined and a major decision or risk point is looking in a case.

  • Unlike arbitration or litigation, which result in binding decisions imposed by a third party, IP mediation empowers the parties to craft their own resolution. It is faster, less expensive, and helps preserve business relationships. It is also voluntary.

  • The mediation process itself is non-binding, but once the parties agree on terms, a written settlement agreement can be drafted. That agreement typically becomes legally enforceable in court.

  • Many IP disputes can be resolved in a single day or over a few sessions, depending on the complexity of the issues. This is significantly faster than litigation, which may take years. Based on our experience, an in-person, full-day mediation has the greatest chance of success.

  • Mediation is especially effective for trade secret disputes because it ensures confidentiality. Sensitive information can be discussed and resolved privately without becoming part of the public record.

  • The parties often jointly select a mediator experienced in intellectual property law and alternative dispute resolution. This ensures the mediator understands the technical and legal complexities of the case. In some courts, mediators are appointed by the judge.

  • For technology companies and startups, mediation helps protect innovation, reduce legal expenses, and maintain critical business relationships with investors, partners, and competitors.

  • Yes. Mediation is often used to resolve cross-border IP disputes, especially when parties want a neutral forum that avoids jurisdictional challenges and supports global business relationships.

  • Businesses should consider mediation as soon as a dispute arises—before litigation escalates. Early mediation can save significant time, costs, and reputational harm.

  • Yes. Mediation is flexible and can include multiple stakeholders, such as joint inventors, co-owners of trademarks, or several companies involved in a licensing arrangement.

  • The mediator facilitates productive discussions, helps parties clarify their positions, and proposes creative solutions. The mediator does not impose a decision but guides the process.

  • Preparation includes gathering key evidence, understanding your business goals, analyzing risks, and identifying potential settlement options. Your attorney will help create a strategy. For more information about negotiation strategies, read our blog post, Importance of Negotiation.

  • If mediation does not result in an agreement, the parties can still pursue litigation or arbitration. Nothing said in mediation can be used against them in court. Many states prohibit the service of subpoenas at mediation as well.

  • Yes. Because mediation is collaborative rather than adversarial, it often helps maintain or even strengthen relationships between competitors, licensees, partners, or co-creators. It also can be far less costly and tense than prolonged litigation.

  • Typically, the parties involved, their attorneys, and the mediator attend. In some cases, business representatives, technical experts, or in-house counsel may also participate. Most courts will order at least one person with full decision-making authority to be present at mediation.

  • Yes. Confidentiality is a key advantage of IP mediation. Discussions cannot be disclosed outside the process, protecting sensitive business information and trade secrets.

  • Costs vary depending on the mediator’s fees and the complexity of the case, but mediation is almost always significantly less expensive than full litigation. Also, an experienced IP mediator is likely to charge more than a general mediator, but the experience and problem solving skills should increase the chances of success.

  • Yes. Many intellectual property mediations are now conducted through secure online platforms, which allow parties from different states or countries to participate efficiently and cost-effectively. In our opinion, an in-person mediation is more effective. Also, best to check a court’s mediation order to confirm that it allows for the parties to mediate virtually.

  • IP mediation requires mediators with knowledge of patents, trademarks, copyrights, and trade secrets. This expertise ensures that technical issues and legal rights are fully understood during settlement discussions.